Common use of Arbitration and Mediation Procedure Clause in Contracts

Arbitration and Mediation Procedure. In the event the grievance is not resolved, either the Union or the Employer shall have the right to appeal the grievance to Arbitration. All disputes referred to the Board shall be filed with the Director of Allina Labor Relations within thirty (30) calendar days after receipt of the Employer’s written decision. The time limits in this Section 14.3 may be extended by mutual agreement to enlist the services of the Federal Mediation and Conciliation Services’ (FMCS). Any settlement reached as a result of the FMCS process is not final and binding unless mutually agreed to by the parties. The selection of the Arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. This list will be limited to Arbitrators with their primary office in Minnesota or Western Wisconsin. The parties shall select the Arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected Arbitrator; the parties shall flip a coin to determine who strikes first. By mutual agreement of the parties, the following alternative process for arbitration may be used: The matter shall be referred to a Board of Arbitration. This committee will consist of one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to a resolution of such dispute or grievance within five (5) working days after their first meeting the two (2) arbitrators shall select a third member, who shall serve as impartial chairperson. If said arbitrators are unable to agree upon the selection of an impartial chairperson within three (3) working days, then either arbitrator may request the Director of Federal Mediation and Conciliation Service to appoint a panel of seven (7) neutral arbitrators. The arbitrators shall alternately delete names and the last name shall be the impartial chairperson. The decision or award by the Arbitrators or a majority of them shall be final and binding. Neither the Arbitrator nor the Board of Arbitration shall have authority to add, subtract or modify the terms and provisions of this agreement. The Arbitrator and the Board of Arbitration shall be confined to the issues raised in the written grievance and it shall have no power to decide any other issues. The decision or award by the Arbitrator or the Board of Arbitration shall be in writing and shall be final and binding. The expenses of the Arbitrator or the Board of Arbitration shall be shared by the Employer and the Union equally.

Arbitration and Mediation Procedure. In the event the grievance is not resolved, either the Union or the Employer shall have the right to appeal the grievance to Arbitration. All disputes referred to the Board shall be filed with the Director Director/Vice-President of Allina Labor Relations within thirty (30) calendar days after receipt of the Employer’s written decision. The time limits in this Section 14.3 (C) may be extended by mutual agreement to enlist the services of the Federal Mediation and Conciliation Services’ Service (FMCS). Any settlement reached as a result of the FMCS process is not final and binding unless mutually agreed to by the parties. The selection of the Arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. This list will be limited to Arbitrators with their primary office in Minnesota or Western Wisconsin. The parties shall select the Arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected Arbitrator; the parties shall flip a coin to determine who strikes first. By mutual agreement of the parties, the following alternative process for arbitration may be used: The matter shall be referred to a Board of Arbitration. This committee will consist of one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to a resolution of such dispute or grievance within five (5) working days after their first meeting the two (2) arbitrators shall select a third member, who shall serve as impartial chairperson. If said arbitrators are unable to agree upon the selection of an impartial chairperson within three (3) working days, then either arbitrator may request the Director of Federal Mediation and Conciliation Service to appoint a panel of seven (7) neutral arbitrators. The arbitrators shall alternately delete names and the last name shall be the impartial chairperson. The decision or award by the Arbitrators or a majority of them shall be final and binding. Neither the Arbitrator nor the Board of Arbitration shall have authority to add, subtract or modify the terms and provisions of this agreement. The Arbitrator and the Board of Arbitration shall be confined to the issues raised in the written grievance and it shall have no power to decide any other issues. The decision or award by the Arbitrator or the Board of Arbitration shall be in writing and shall be final and binding. The expenses of the Arbitrator or the Board of Arbitration shall be shared by the Employer and the Union equally.

Arbitration and Mediation Procedure. In the event the grievance is not resolved, either the Union or the Employer shall have the right to appeal the grievance to Arbitration. All disputes referred to the Board shall be filed with the Director of Allina Labor Relations within thirty (30) calendar days after receipt of the Employer’s written decision. The time limits in this Section 14.3 16.3 may be extended by mutual agreement to enlist the services of the Federal Mediation and Conciliation Services’ (FMCS). Any settlement reached as a result of the FMCS process is not final and binding unless mutually agreed to by the parties. The selection of the Arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. This list will be limited to Arbitrators with their primary office in Minnesota or Western Wisconsin. The parties shall select the Arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected Arbitrator; the parties shall flip a coin to determine who strikes first. By mutual agreement of the parties, the following alternative process for arbitration may be used: The matter shall be referred to a Board of Arbitration. This committee will consist of one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to a resolution of such dispute or grievance within five (5) working days after their first meeting the two (2) arbitrators shall select a third member, who shall serve as impartial chairperson. If said arbitrators are unable to agree upon the selection of an impartial chairperson within three (3) working days, then either arbitrator may request the Director of Federal Mediation and Conciliation Service to appoint a panel of seven (7) neutral arbitrators. The arbitrators shall alternately delete names and the last name shall be the impartial chairperson. The decision or award by the Arbitrators or a majority of them shall be final and binding. Neither the Arbitrator nor the Board of Arbitration shall have authority to add, subtract or modify the terms and provisions of this agreement. The Arbitrator and the Board of Arbitration shall be confined to the issues raised in the written grievance and it shall have no power to decide any other issues. The decision or award by the Arbitrator or the Board of Arbitration shall be in writing and shall be final and binding. The expenses of the Arbitrator or the Board of Arbitration shall be shared by the Employer and the Union equally.

Arbitration and Mediation Procedure. (a) In the event the grievance is not resolved, either the Union or the Employer shall have the right to appeal the grievance to Arbitration. All disputes referred to the Board shall be filed with the Director of Allina Labor Relations within thirty (30) calendar days after receipt of the Employer’s 's written decision. The time limits in this Section 14.3 (27.03) may be extended by mutual agreement to enlist the services of the Federal Mediation and Conciliation Services’ Service (FMCS). Any settlement reached as a result of the FMCS process is not final and binding unless mutually agreed to by the parties. The selection of the Arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. This list will be limited to Arbitrators with their primary office in Minnesota or Western Wisconsin. The parties shall select the Arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected Arbitrator; the parties shall flip a coin to determine who strikes first. By mutual agreement of the parties, the following alternative process for arbitration may be used: The matter shall be referred to a Board of Arbitration. This committee will consist of one one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to a resolution of such dispute or grievance within five (5) working days after their first meeting the two (2) arbitrators shall select a third member, who shall serve as impartial chairperson. If said arbitrators are unable to agree upon the selection of an impartial chairperson within three (3) working days, then either arbitrator may request the Director of Federal Mediation and Conciliation Service to appoint a panel of seven (7) neutral arbitrators. The arbitrators shall alternately delete names and the last name shall be the impartial chairperson. The decision or award by the Arbitrators or a majority of them shall be final and binding. Neither the Arbitrator nor the Board of Arbitration shall have authority to addadd to, subtract from or modify the terms and provisions of this agreement. The Arbitrator and the Board of Arbitration shall be confined to the issues raised in the written grievance and it shall have no power to decide any other issues. The decision or award by the Arbitrator or the Board of Arbitration shall be in writing and shall be final and binding. The expenses of the Arbitrator or the Board of Arbitration shall be shared by the Employer and the Union equally.

Arbitration and Mediation Procedure. In 19:01 By mutual agreement between the event parties, the grievance is not resolved, either the Union or the Employer shall have the right to appeal the grievance to Arbitration. All disputes matter may be referred to a mediator. (a) Upon referral to a mediator, the Board other time limits in this Article may be suspended, by mutual agreement of the parties, until the mediation is completed. Following the completion of the mediation, unresolved grievances may proceed to arbitration, following the procedures set forth in this Article. (b) The mediator shall be filed chosen by the parties within fourteen (14) days of the matter being referred to mediation. (c) The mediator will have no authority to bind either party and may only make non-binding recommendations on a without prejudice basis to either party. (d) The parties shall share equally the costs of the fees and expenses of the mediator. 19:02 Either party, within twenty-one (21) calendar days of receipt of a final decision by the other party, may give notice of its intention to submit the dispute to arbitration. 19:03 Such notice shall include the name of that party’s appointee to the Arbitration Board. 19:04 The party receiving such notice shall within fourteen (14) calendar days notify the other party of its appointee to the Arbitration Board. 19:05 The two (2) appointees so elected shall within twenty-one (21) calendar days meet and name the neutral third member who shall be the Chairperson of the Board. 19:06 Where the party indicating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Article 21:01 shall so state. (a) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within fourteen (14) calendar days. (b) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach an agreement on the selection of a single arbitrator within fourteen (14) calendar days the party initiating the arbitration proceedings may submit the name of its appointee to the Board, in accordance with Article 21:03, within fourteen (14) calendar days. (c) Where the Director parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for the purposes of Allina Labor Relations this Article. 19:07 After the Arbitration Board has been formed by the foregoing procedure, it shall meet and hear the evidence of both sides, and render its decision within thirty (30) calendar days after receipt completion of the Employer’s written hearing, and its decision or the decision of the majority shall be final and binding upon the employee, the Union and the Centre. 19:08 The Arbitration Board shall not be empowered to change, by its decision, any provision of this Agreement or to set provisions of a new agreement. 19:09 The Arbitration Board shall have the right to either rescind, vary or uphold the decision of the Centre. 19:10 The parties shall each be responsible for the fees and expenses of the appointees. The fees and expenses of the Chairperson shall be shared equally by both parties. 19:11 Any of the time limits in this Section 14.3 referred to above may be extended by mutual agreement to enlist the services of the Federal Mediation and Conciliation Services’ (FMCS). Any settlement reached as a result of the FMCS process is not final and binding unless mutually agreed to by the parties. The selection of the Arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. This list will be limited to Arbitrators with their primary office in Minnesota or Western Wisconsin. The parties shall select the Arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected Arbitrator; the parties shall flip a coin to determine who strikes first. By mutual agreement of the parties, the following alternative process for arbitration may be used: The matter shall be referred to a Board of Arbitration. This committee will consist of one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to a resolution of such dispute or grievance within five (5) working days after their first meeting the two (2) arbitrators shall select a third member, who shall serve as impartial chairperson. If said arbitrators are unable to agree upon the selection of an impartial chairperson within three (3) working days, then either arbitrator may request the Director of Federal Mediation and Conciliation Service to appoint a panel of seven (7) neutral arbitrators. The arbitrators shall alternately delete names and the last name shall be the impartial chairperson. The decision or award by the Arbitrators or a majority of them shall be final and binding. Neither the Arbitrator nor the Board of Arbitration shall have authority to add, subtract or modify the terms and provisions of this agreement. The Arbitrator and the Board of Arbitration shall be confined to the issues raised in the written grievance and it shall have no power to decide any other issues. The decision or award by the Arbitrator or the Board of Arbitration shall be in writing and shall be final and binding. The expenses of the Arbitrator or the Board of Arbitration shall be shared by the Employer and the Union equallyhereto.

Arbitration and Mediation Procedure. In the event the grievance is not resolved, either the Union or the Employer shall have the right to appeal the grievance to Arbitration. All disputes referred to the Board shall be filed with the Director Director/Vice-President of Allina Health Labor Relations within thirty (30) calendar days after receipt of the Employer’s written decision. The time limits in this Section 14.3 (C) may be extended by mutual agreement to enlist the services of the Federal Mediation and Conciliation Services’ Service (FMCS). Any settlement reached as a result of the FMCS process is not final and binding unless mutually agreed to by the parties. The selection of the Arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. This list will be limited to Arbitrators with their primary office in Minnesota or Western Wisconsin. The parties shall select the Arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected Arbitrator; the parties shall flip a coin to determine who strikes first. By mutual agreement of the parties, the following alternative process for arbitration may be used: The matter shall be referred to a Board of Arbitration. This committee will consist of one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to a resolution of such dispute or grievance within five (5) working days after their first meeting the two (2) arbitrators shall select a third member, who shall serve as impartial chairperson. If said arbitrators are unable to agree upon the selection of an impartial chairperson within three (3) working days, then either arbitrator may request the Director of Federal Mediation and Conciliation Service to appoint a panel of seven (7) neutral arbitrators. The arbitrators shall alternately delete names and the last name shall be the impartial chairperson. The decision or award by the Arbitrators or a majority of them shall be final and binding. Neither the Arbitrator nor the Board of Arbitration shall have authority to add, subtract or modify the terms and provisions of this agreement. The Arbitrator and the Board of Arbitration shall be confined to the issues raised in the written grievance and it shall have no power to decide any other issues. The decision or award by the Arbitrator or the Board of Arbitration shall be in writing and shall be final and binding. The expenses of the Arbitrator or the Board of Arbitration shall be shared by the Employer and the Union equally.